Wednesday, March 30, 2011

 

Wisconsin Judge Orders 'No Further Implementation' of Budget Law

A Wisconsin judge on Tuesday ordered "no further implementation" of the Gov. Scott Walker's budget repair bill that limits collective bargaining rights.

Dane County Circuit Judge Maryann Sumi said that her earlier restraining order saying the law shouldn't be enacted had either been ignored or misinterpreted.

Sumi stopped short of saying the law was not already in effect. She said she will take more testimony on that issue.

The Legislative Reference Bureau posted the law on a legislative website Friday, leading Walker's administration to declare the law was in effect.

Sumi revised her original March temporary restraining order blocking the secretary of state from publishing the law, which is typically the last step before it becomes effective.

Sumi's ruling delivers a setback to Walker and his administration while Democrats rejoiced.

Earlier Tuesday, debate raged from Wisconsin state Supreme Court justices to law professors, on whether Walker is law and is in effect.

It states the obvious to say Wisconsin is now a big convoluted, partisan mess, but it is. Here is the skinny on what is happening: Dane County District Attorney Ismael Ozanne, who is a Democrat, and Assembly Minority Leader Pete Barca, also a Democrat, filed a court challenge to the budget relief bill. The challenge argues that Wisconsin Republicans violated the open meetings laws but since that has not entered into the argument, set that aside for the moment.

As the open meetings suit was pending, Circuit Court Judge Maryann Sumi issued a temporary restraining order that prevented Secretary of State Ken LaFollete from publishing the law, now known as Act 10. Publication of the law is the last step to putting a bill into effect, and Democrats argue that the law is not in effect until LaFollete issues the publication.

However, another outlet can publish the law: the Legislative Review Board. That is exactly what it did last Friday, leaving Wisconsin Republicans to argue that the law is in effect. The Department of Administration has even begun implementing the part of the law where deductions for health care and pensions are made from the paychecks of state employees.

Sumi ordered a hearing Tuesday morning to decide if LaFollete should be enjoined from publication until the open meetings case is decided. But if the law is already in effect, the injunction is moot. So the focus of the hearing was changed to answer the question of whether the law is in effect.

The hearing itself was pretty boring, filled with legal language and debate over the definition of publication. The most interesting moments came as LaFollete, a Democrat, argued that Assistant Attorney General Maria Lazar did not represent his office. The subtext, of course, was that she is from a Republican-run office and is on the other side of the battle line.

If Sumi enjoins the law until the hearing on the open records complaint, its status still remains uncertain because no one has ever seen a scenario in which the secretary of state does not publish the law and another body does. If Sumi vacates the injunction, the law is undisputedly in effect.

Now, back to the challenge over the open meetings law. There is already a request for Wisconsin's Supreme Court to hear the case and this is where the partisan rancor gets really bitter and political.

One of the seats on the Supreme Court is up for election. The incumbent David Prosser Jr. was a Republican when he served in the assembly. His campaign once issued a press release stating he would complement Walker as a justice on the court, meaning he is now linked to Walker in the public arena. He is also the subject of attack ads from the shadowy leftist organization Greater Wisconsin Committee.

"I really am a marked man. Not a direct target, but I am the victim of a drive-by shooting," Prosser said.

His challenger, JoAnne Kloppenburg, has the backing of the unions. "They're supporting me precisely because I will be independent and impartial on the court," she said.

The reality, however, is that conservatives hold sway in the Wisconsin Supreme Court by a margin of 4-3 on the seven-person court. Liberals are now energized to change the majority in the court in part to influence a ruling on Walker's budget and also to demonstrate an angry backlash for a law they don't like.

"It is extremely unfortunate that this has been turned into a referendum on the budget repair bill. I think that raises serious due process questions," Marquette University Law Professor Rick Esenberg said.

So the fight is energized in the courts and at the ballot box with Wisconsin voters bitterly divided, and Wisconsin liberals energized to change the make-up of a state Supreme Court in anticipation of a desired outcome for a case that has not even been accepted by the court yet.

"It is an effort by some people to politicize this court, completely change the nature of the court and if it succeeds it will destroy the judicial independence of this institution," Prosser said.



Friday, March 25, 2011

 

Dangerous Breach Suspected at Japanese Nuke Plant


A suspected breach in the reactor core at one unit of a stricken Fukushima nuclear plant could mean more serious radioactive contamination,Japanese officials said Friday, revealing what may prove a major setback in the mission to bring the leaking plant under control.

The uncertain situation halted work at the Fukushima Dai-ichi nuclear complex, where dozens had been working feverishly to stop the overheated plant from leaking dangerous radiation, officials said. The plant has leaked some low levels of radiation, but a breach could mean a much larger release of contaminants.

Officials are also grappling with a humanitarian crisis, with much of the frigid northeast still a scene of despair and devastation as Japan struggles to feed and house hundreds of thousands of homeless survivors, clear away debris and bury the dead.

Police said the official death toll jumped past 10,000 on Friday. With the cleanup and recovery operations continuing and more than 17,400 listed as missing, the final number of dead was expected to surpass 18,000.

In the devastated coastal town of Onagawa, Shintaro Kamihara and his small troop from Japan's Maritime Self-Defense Force searched a debris-strewn beach long enough to serve as an impromptu coffin.

The corpse they found lay off to the side of the road beneath a wet, yellow blanket. Just beyond, a station wagon perched precariously on the roof of a hollowed-out, two-story hotel.

In the early days, he said his troops delivered goods to coastal towns with no access, but now roads have been repaired. A large boat nearby had hot water so people could take baths onboard.

Tomohiko Abe, 45, a machinist at the local atomic plant, was in Onagawa to salvage what he could from his car, which was parked in a lot near the water when the waves came crashing onshore.

"We finally got electricity a day or two ago, but water is still a problem," he said. Read more...


Tuesday, March 15, 2011

 

Economy, Gas, Partisanship and War Gang Up on Confidence in Government


Confidence in the U.S. system of government has dropped to a new low in more than 35 years, with public attitudes burdened by continued economic discontent, soaring gasoline prices, record opposition to the war in Afghanistan -- and a letdown in hopes for political progress after a bout of bipartisanship last fall.

Only 26 percent of Americans in a new ABC News/Washington Post poll say they're optimistic about "our system of government and how well it works," down 7 points since October to the fewest in surveys dating to 1974. Almost as many, 23 percent, are pessimistic, the closest these measures ever have come. The rest, a record high, are "uncertain" about the system.

The causes are many. Despite a significant advance, more than half still say the economy has not yet begun to recover. And there's trouble at the pump: Seventy-one percent in this poll, produced for ABC News by Langer Research Associates, report financial hardship as a result of rising gas prices. Forty-four percent call it a "serious" hardship.

WAR -- On an equally critical front in terms of potential political impact, just 31 percent now say the war in Afghanistan has been worth fighting, a new low. Sixty-four percent call it not worth fighting, and 49 percent feel that way "strongly," both record highs in ABC/Post polls.

Two-to-one opposition for the first time puts public criticism of the war in Afghanistan at the level seen for the war in Iraq. Such views had a devastating impact on President George W. Bush, the least popular second-term president in polls since the Truman presidency. And there's danger ahead; fighting in Afghanistan, now in its winter lull, is expected to intensify come summer.

Indeed, with Gen. David Petraeus set to testify on Capitol Hill this week, a broad and bipartisan 73 percent of Americans say the United States should withdraw a substantial number of its combat forces from Afghanistan this summer. But just 39 percent think it will. (ABC News reported Monday that field commanders in fact are asking for more troops, and a senior official called a sizable reduction unlikely despite the administration's July 11 date for a drawdown to begin.)


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